118 STAT. 719 PUBLIC LAW 108–264—JUNE 30, 2004 ‘‘(iv) The flooding that resulted in the flood insur ance claims described in subsection (b)(2) for the prop erty resulted from significant actions by a third party in violation of Federal, State, or local law, ordinance, or regulation. ‘‘(v) In purchasing the property, the owner relied upon flood insurance rate maps of the Federal Emer gency Management Agency that were current at the time and did not indicate that the property was located in an area having special flood hazards. ‘‘(vi) The owner of the property, based on inde pendent information, such as contractor estimates or other appraisals, demonstrates that an alternative eligible activity under subsection (c) is at least as cost effective as the initial offer of assistance. ‘‘(B) PROCEDURE.—An appeal under this paragraph of a determination of the Director shall be made by filing, with the Director, a request for an appeal within 90 days after receiving notice of such determination. Upon receiving the request, the Director shall select, from a list of inde pendent third parties compiled by the Director for such purpose, a party to hear such appeal. Within 90 days after filing of the request for the appeal, such third party shall review the determination of the Director and shall set aside such determination if the third party determines that the grounds under subparagraph (A) exist. During the pendency of an appeal under this paragraph, the Director shall stay the applicability of the rates established pursuant to paragraph (1)(B) or (2), as applicable. ‘‘(C) EFFECT OF FINAL DETERMINATION.—In an appeal under this paragraph— ‘‘(i) if a final determination is made in favor of the property owner under subparagraph (A) exist, the third party hearing such appeal shall require the Director to reduce the chargeable risk premium rate for flood insurance coverage for the property involved in the appeal from the amount required under para graph (1)(B) or (2) to the amount paid prior to the offer to take action under paragraph (1) or (2) of sub section (c); and ‘‘(ii) if a final determination is made that the grounds under subparagraph (A) do not exist, the Director shall promptly increase the chargeable risk premium rate for such property to the amount estab lished pursuant to paragraph (1)(B) or (2), as applicable, and shall collect from the property owner the amount necessary to cover the stay of the applica bility of such increased rates during the pendency of the appeal. ‘‘(D) COSTS.—If the third party hearing an appeal under this paragraph is compensated for such service, the costs of such compensation shall be borne— ‘‘(i) by the owner of the property requesting the appeal, if the final determination in the appeal is that the grounds under subparagraph (A) do not exist; and Deadlines.
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